by Tom Forgue

Created on: December 17, 2008

Although a special election might be a good idea in theory, current circumstances may make it a less optimal device.

First, I think all can agree that few, if any, believe the current Governor should have unfettered discretion to appoint anyone to the vacant Senate post. Senate Majority leader Harry Reid (D. Nev.) has already stated that the Senate would refuse to seat such an appointee. Even in the unlikely event that Senator Reid is wrong in that statement, any person appointed by Governor Blagojevich would undoubtedly operate under a cloud that would limit that person's effectiveness to act on behalf of Illinois.

Clearly, an alternate approach to filling Illinois's vacant Senate seat is needed. A special election, however, may not be the way to go. Leaving aside the cost issue at a time when the State is having financial difficulties, a special election could have skewed results. Because of the limited time to raise funds and to campaign, only a very limited universe of already well-established and well-financed persons could hope to participate. As former Senator Obama demonstrated, someone who initially does not have those attributes might make the best Senator. At least as importantly, although a special election happens quickly compared to a general election, it still takes far more time than an appointment. Even under optimal circumstances, a special election is unlikely before the spring. President Obama's first months in office promise to be dynamic. As a big state, the people of Illinois are already under-represented in the United States Senate. It does our state little good to further diminsh our representation during a period that looks to be so busy and important.

Happily, there is a middle ground solutions between allowing Governor Blagojevich unfettered discretion to appoint someone and an expensive and time-consuming special election. The solution is in the Illinois Constitution itself and is well-known to all Americans. That is, instead of the Governor simply appointing a new Senator as under current law, the appointment would be subject to the advice and consent of the Illinois Senate (or, if more politically palatable because of the unusual circumstances, both houses of the General Assembly).

Simply amending 10 ILCS 5/25-8 (the statute giving the Governor the power to appoint a person to a vacant U.S. Senate seat) to require legislative confirmation of a senatorial nomination offers several advantages.

First, this is a familiar procedure and

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